Certificate of No Impediment From DFAT: How to Get One

A Certificate of No Impediment to Marriage (CNI) is a DFAT document confirming you are free to marry overseas. You complete DFAT's form, sign it before an authorised witness such as a Justice of the Peace, attach your passport and any divorce or death certificate, and lodge it with DFAT. First, ask the overseas authority whether it needs one.

Key takeaways

• A CNI is issued by DFAT to show an overseas authority that you are free to marry.
• Ask the overseas authority first: you may not need one, or it may accept a registry certificate instead.
• At least one person applying must be an Australian citizen or permanent resident.
• Sign the form in front of an authorised witness, such as a JP; do not use an eSignature.
• Some countries want the CNI apostilled or authenticated, or issued in their country.
• A notary is not required for the CNI itself, though other wedding documents may need one.

What is a Certificate of No Impediment?

Many countries want evidence that a foreigner who is marrying there is legally free to do so: not already married, and old enough. For Australians, that evidence is often a Certificate of No Impediment to Marriage. DFAT issues it on the basis of a declaration you make and the documents you provide, such as your passport and, if you were married before, your divorce certificate or your late partner's death certificate.

A CNI is not a marriage licence, and it does not oblige the overseas authority to let you marry. It is one piece of evidence the authority considers alongside its own rules. DFAT's CNI page on Smartraveller sets out the current process, and says DFAT cannot tell you what an overseas country requires.

Do you actually need one?

Ask the authority that will marry you, or the destination country's embassy or consulate in Australia, before you apply. DFAT's guidance suggests several questions worth asking, because the answers change what you do next.

Question to ask the overseas authority	Why it matters
Do we need a CNI at all?	Some countries do not ask for one
Will a single status or no record result certificate do instead?	These come from your state or territory registry
Must the CNI be issued in your country?	Some only accept a CNI from the Australian embassy there
Does the CNI need an apostille or authentication?	Adds a DFAT legalisation step
What other documents do you need?	Birth, divorce or death certificates, often legalised
Do documents need translating, and by whom?	Some want translations made in their country

Get the answers in writing if you can, and keep them with your paperwork. If you are using a wedding planner or a contact in the destination country, they may already know the local requirements.

What documents do you need?

DFAT's guidance says you and your partner provide supporting documents, and at least one of you must be an Australian citizen or permanent resident. An Australian citizen provides a valid Australian passport. A permanent resident provides a valid foreign passport with evidence of permanent residence in Australia. A foreign citizen partner provides a valid foreign passport or valid photo identification.

Depending on your circumstances, you may also need a divorce certificate for a previous marriage, a deceased partner's death certificate if you are widowed, or, if you are under 18, a judicial authorisation to marry issued by an Australian court. DFAT says supporting documents can be originals or certified true copies. Documents not in English must come with an English translation by a professional translator. Our guide to certified true copies explains what a certified copy involves.

Who can witness the application form?

DFAT asks you to sign the CNI application form only in the presence of an authorised witness, who must watch you sign it, and says not to use an eSignature. In Australia, DFAT gives a Justice of the Peace as an example of a local authorised witness, and says an official from the Australian Passport Office can witness your signature at your appointment. Overseas, a consular official can witness it at your appointment.

A notary is not required. A notary can witness a signature, but for this form a JP or other authorised witness does the same job, often more conveniently. Save the notary for documents that genuinely need one, such as a notarised copy of a private document for the overseas authority. Our comparison of a notary and a JP explains the difference.

CNI or single status certificate?

People often confuse the two. A CNI is issued by DFAT on the strength of a declaration you make, supported by your passport and any divorce or death certificate. A single status certificate, sometimes called a no record result certificate, is issued by a state or territory registry of births, deaths and marriages after it searches its own marriage records. Each has limits: a registry search only covers marriages registered in that state or territory, while a CNI relies on your declaration. Some overseas authorities want one, some the other, and some want both. DFAT's guidance suggests asking whether a single status or no record result certificate can be used instead of a CNI, which can be simpler if you only lived in one state. Our guide to apostilling registry certificates covers how registry documents are legalised.

Applying from overseas

If you are already overseas, you can usually apply through the nearest Australian embassy or consulate, where a consular official can witness your signature at your appointment. Some countries insist on a CNI issued within their borders, in which case this is the only option. Appointment availability and local procedures differ between posts, so contact the post early, especially if your wedding date is fixed. The same supporting documents are needed, so bring your passport and any divorce or death certificate with you when you travel, rather than leaving them in Australia.

How do you apply for a CNI in Australia?

1. Confirm the requirement. Ask the overseas authority whether it needs a CNI, whether it must be issued locally, and whether it must be legalised.
2. Gather supporting documents. Passports, evidence of permanent residence if relevant, and any divorce or death certificates, as originals or certified copies.
3. Arrange translations. Any document not in English needs an English translation by a professional translator.
4. Complete the form. Download DFAT's current CNI application form and fill it in on paper or electronically.
5. Sign before an authorised witness. Such as a JP, or a passport office official at your appointment. Do not use an eSignature.
6. Lodge with DFAT. In Australia, include DFAT's document legalisation request form, and submit by mail or in person as DFAT's page describes. DFAT charges a fee; its page lists the current amount.
7. Legalise if needed. If the overseas authority wants the CNI apostilled or authenticated, ask for that when you lodge.

Does the CNI need an apostille?

Some countries accept the CNI as DFAT issues it; others want it legalised. If the country is a member of the Hague Apostille Convention, that usually means an apostille from DFAT. If it is not, it usually means an authentication certificate from DFAT, followed by legalisation at that country's embassy or consulate. Membership changes, so check the HCCH status table on the day. Our guide to which documents can be apostilled covers the legalisation step, and the same applies to birth or divorce certificates the authority wants legalised.

Common mistakes to avoid

The most common mistake is applying without asking the overseas authority first. Some countries will only accept a CNI from the Australian embassy in that country, so a CNI obtained in Australia is wasted. Others do not need a CNI at all and prefer a registry certificate. The second mistake is signing the form before meeting the witness, or signing electronically; DFAT asks for a physical signature made in front of the witness.

A third mistake is forgetting the other documents. The overseas authority often wants your birth certificate, and a divorce certificate if you were married before, each possibly legalised and translated. Ask for the complete list at the start. Our guide to documents for marrying overseas covers those wider requirements.

Here is an illustration, not a real case.

Chloe and Marco plan to marry in Italy. Chloe is an Australian citizen who was divorced three years ago. She asks the Italian municipality what it needs, and is told it wants a CNI with an apostille, plus other documents. She completes DFAT's CNI form, signs it in front of a JP, attaches her passport and her divorce certificate, and lodges it in Australia with the legalisation request form, asking for an apostille on the CNI. She then checks with the municipality how the CNI must be translated.

In short

A Certificate of No Impediment to Marriage is issued by DFAT to show an overseas authority you are free to marry. Ask the authority first whether you need one and where it must be issued. Then complete DFAT's form, sign it in front of an authorised witness such as a JP, attach your passport and any divorce or death certificate, and legalise the CNI if asked. Our apostille and authentication services page explains the legalisation side.

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Planning a wedding overseas and unsure which documents need legalising? Send us the overseas authority's list, and we will explain each step before you book.